(영문) 제주지방법원 2017.04.27 2016가합10144

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(영문) 제주지방법원 2017.04.27 2016가합10144

지분양도대금청구

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1. The Defendants are 15% per annum with respect to each of the said KRW 214,833,333 and each of the said KRW to the Plaintiff from August 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Company E (hereinafter “instant Company”) was established on November 3, 201 for the purposes of the development, sale, lease, investment, and operation of real estate. At the time of its incorporation, the shareholders of the instant Company were composed of the Plaintiff (58,500 shares, 32.5% shares, hereinafter “instant shares”) and the Defendant B (40,50 shares, 22.5% shares, 40, 42.5%) and C (40, 500 shares, 22.5%) and D (40,50 shares, 22.5%) and 22.5% shares of the Plaintiff from the time of its establishment.

B. On May 7, 2014, the Plaintiff and the Defendants expressed different opinions on the issue of raising additional operational funds, and accordingly, the Plaintiff transferred the Plaintiff’s loans to the instant shares and the instant company (hereinafter “instant bonds”) to the Defendants, and entered into a contract for transfer and acquisition of shares (A evidence 2; hereinafter “instant contract”).

The main contents thereof are as follows:

Article 2. On May 7, 2014, the Plaintiff transferred all shares of the instant company held by the Plaintiff as of May 7, 2014, all loans and rights incidental thereto to the instant company to the Defendants, and enter into an agreement on the value, timing, method, etc. of transfer proceeds.

Article 3 The amount of transfer shall be the total amount of equity, total amount of loans, advisory fees and sales fees of the company of this case held by the plaintiff, and each value shall be the sum of the following items:

① The transfer value of the shares of the instant company shall be KRW 200,000,000.

② The amount of loans to the instant company shall be KRW 444,500,000.

(3) The amount of advisory fees and sales commission shall be 1,289,000,000 won.

Article 4 Time and Method of Payment of Transfer Amount and Payment of the Plaintiff's share and loan and advisory fees and sales fees shall be paid in accordance with the following procedures:

provided, however, that the paragraph.

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